Induction Course for new M&E Engineers

19 – 21 May 2014

Professional Practice

Ir. Walter Sim Kian Joo

Executive Director
LYS Consult Sdn Bhd
Professional Practice I

Professionalism
2 Professional Practice I

What is Professional Practice?

Person with special expertise who adheres to a

Professional minimum standard of Ethical Behavior in His Work.

Practice Activity, To Carry Out, To Apply, To Perform

Professional Work/Activity Carried Out in Accordance with

Practice Standard Of Ethical Behavior.
3 Laws and Regulations

“Law” is a primary legislation passed by an Act of Parliament.

“Regulations” (or secondary legislations or delegated legislations) are
laws made by an executive authority (usually the Minister) empowered
by a primary legislation to make such regulations. Regulations are also
limited by the scope defined in and subordinate to the primary
legislation empowering the enactment of such regulations.
“Bylaws” (or “By-Laws” or “Byelaws”) usually refers to a law pass under
the authority of a state authority or a body which derives its authority
from another governing body
“Local Rules” similar to Bylaws are rules made by municipal or local
authorities or local body (e.g. town councils, private companies) which
derives its authority from a charter recognised in law to have authority
to make such local rules.
4 Laws and Regulations

“Registration of Engineers ACT” – Primary Legislation

Minister of Works
“Registration of Engineers Regulation” – 2ndary legislation

“Street, Drainage and Building ACT” – Primary Legislation

Minister of Housing and Local Government
“Uniform Building By-Law” – 2ndary legislation

“Environmental Quality ACT” – Primary Legislation

Minister of Natural Resources and Environment
“Environmental Quality Schedule Waste Regulations” – 2ndary
legislation
5 Laws and Regulations

The Registration of Engineers Act:

1 Part I; (1 & 2) – Citations and definitions
2 Part II; (3 & 4) – Establishment & function of Board of Engineers
3 Part III; (5 to 14) – Registration of engineers
4 Part IV; (15 to 18) – Cancellation, removal, renstatement
5 Part V; (19 to 29) – General issues; appeals, penalties,
investigating committee.

Section 2. Interpretation.
“professional engineering services” means engineering services and
advice in connection with any feasibility study, planning survey, design,
construction, commissioning, operation, maintenance and management
of engineering works or projects and includes any other engineering
services approved by the Board;
6 Laws and Regulations

Section 5(1). The register contains 5 categories

of Engineers
1 Professional Engineers,
2 Graduate Engineers,
3 Temporary Engineers,
4 Engineering Consulting Practices (ECP); and
5 Accredited Checkers.
7 Laws and Regulations

Section 7(1) No person unless he is a registered Professional Engineer:

1 practice , carry on business or take up employment which requires him to
carry out or perform professional engineering services;
2 be entitled to described or hold himself out under any name , style or title as;
Professional Engineer
Use the abbreviation “Ir.”
Use of display in any sign, board or card or any device representing or
implying that he is a Professional Engineer.
3 Be entitled to recover in court any fee, charge, remuneration or other form of
consideration for any professional engineering services rendered
4 or use the prescribed P.E. stamp.
8 Laws and Regulations

Section 7A Engineering Consulting Practice (ECP)

1 ECP registered with the Board who is a sole proprietor or partnership or body
corporate entitled to recover in court any fee, charge, remuneration or other
form of consideration for any professional engineering services rendered
2 Partners, directors etc. of ECP must be Professional engineers registered with
the Board.
Section 7B Body Corporate providing service as may be registered with the
Board:
1 Min. 70% held by combined prof. architects, prof. engineer, registred QS or
body corporate practicig as architec, ECP or QS.
2 P.Eng or E.C.P. holds at least 10%
3 Rest of 30% may be held by other persons belonging to a profession allied to
engineering, architectural or QS.
9 Laws and Regulations

Registration of Engineers Regulations

The Registration of Engineers Regulations:

1 Part I; (1 & 2) – Preliminary
2 Part II; (3 to 15) – Administration and operation of the Board of
Engineers
3 Part III; (16 to 22) – Registration of engineers
4 Part IIIA – Investigating Committee
5 Part IV – (23 to 33) Code of Professional Conduct
6 Part V; (34 to 36) – Registration of ECP.
7 Part VI (37 to 38) – Professional Assessment Examinations (PAE).
10 Laws and Regulations

Registration of Engineers Regulations

Part III, REGISTRATION OF GRADUATE ENGINEERS AND PROFESSIONAL ENGINEERS

22. (1) The practical experience that a registered Graduate Engineer is required
to obtain under section 10 (1) (b) of the Act in order to be entitled to apply for
registration as a Professional Engineer shall be carried out in a manner
satisfactory to the Board for a period of three years –
(a)in the planning, design, execution or management of such works as
comprised within the profession of engineering;
(b)in engineering research;
(c)or in the teaching in a course leading to a qualification approved by the
Board,
and at least one year of such practical experience shall be obtained in
Malaysia under the supervision of a registered Professional Engineer of the
same discipline or an approved allied discipline and shall be in fields of
engineering practice other than in research or teaching.
(2) Satisfactory attendance of Continuing Professional Development (CPD).
11 Laws and Regulations

Registration of Engineers Regulations

Section 38 Professional Assessment Examination (PAE):

1. Professional interview conducted by not less than two examiners
appointed by the Board;
2. A written paper on any relevant subject related to the practical
experience which he has obtained;
3. A written paper on his understanding of the Code of Professional
Conduct; and
4. Any other examination, written or otherwise, to be determined by the
Board.
12 Other Laws Having Relevance

Quick List of Laws Having Relevance

Primary Legislation Ministry Relevance

1 Street, Drainage & Building ACT, Housing & Local Submissions of plans to local
UBBL & Earthworks By Law Govt. authorities

2 Fire Services ACT Submission for fire safety

3 Environmental Quality ACT Natural Resources Submission to DOE
and Environment
4 Factory & Machinery ACT Human Resources Submission for Lifts/gas
pipes (>150psi)
5 OSH ACT Human Resources Site Safety
6 Petroleum Safety Measures ACT Human Resources Gas storage/pipeline >150psi
7 Gas Supply Act Energy, Green Gas Engineer, pipeline
Tech. & Water distribution < 150psi
8 Electricity Supply Act Competent Elect Engineer
9 SPAN ACT Plumbing submission
13 Other Laws Having Relevance

Local Government ACT

Registration “Submission of plans,

of Engineers engineering surveys, Local
Act drawings, schemes, Authorities
proposals, reports or studies:
14 Other Laws Having Relevance

Local Government ACT

Town and Street, Drainage

Country and Building
Planning ACT ACT

146 Local Governments

15 Summary Conclusion

WHAT ARE THE RAMIFICATIONS FOR A SUBMITTING ENGINEER?

The Professional Civil Law

Duty of care to the public Public
Engineer Act

Registration of Breach of registration/ethics BEM

Engineers Act

Street, Drainage Breach of Regulations

Local
and Building Act Authorities

Contract
Fiduciary interest & duty of care to Client Client
Law
16 Concepts in Professionalism

“Professionalism” is a standard of conduct which is generally ethical (moral) in nature.

Professionalism contains 4 concepts which are ‘universal’ in nature.

Public Interest

Client’s Interest

Code of Conduct

Expert Knowledge
17 Concepts in Professionalism
Public Interest

Client’s Interest

THE PUBLIC INTEREST Code of Conduct

Expert Knowledge

Public Interest – Decisions or actions

do not harm the public or is injurious to
the society.

Public interest holds paramount consideration in the

conduct and work of the professional engineer.

Example: The professional will not undertake work

which harms the environment even if by so doing he (or
his client) suffers financial losses.
18 Concepts in Professionalism

FIDUCIARY INTEREST (Client’s Interest)

Fiduciary Interest – Wester Dictionary: Fi du cia ry’
(a) of or relating to a holding of something in trust for another;

(b) of or being a trustee or trusteeship;

(c) held in trust.

The interest of the client takes precedence over his

personal interest.

Example: Doctor-patient; lawyer-client relationship.

Designing for the most economical method even if it
means lower fees for the consultant engineer !
19 Concepts in Professionalism

PROFESSIONAL CONDUCT
Code of Honour (Code of Professional Conduct)
A standard of conduct to uphold the status of the
Profession.
Code of Conduct are of moral, ethical and personal in
nature and are universal across all professions.

Honesty Unbiased
Fairness
Judgement
Uphold
Avoid conflict The Profession
of Interest Modesty
20 Concepts in Professionalism

EXPERT KNOWLEDGE

Knowledge above that of the General Public

The expert knowledge of the professional distinguishes

him from the general public and of other professions.

Sub Agenda: Advancement of technical knowledge.

Continuing Professional Development (CPD)!
CPD is mandatory for registration and renewal of
professional license.
21 Code of Professional Conduct
Clause Brief Description Concept Description
23 Conduct of Registered Engineer (uphold dignity, high 3a standing of
standing, reputation of profession). profession
24 Responsibility to employer, clients or profession. 1 & 2a Public & fiduciary
interests
25 (1) Discharge of duties with complete fidelity. 2a Fiduciary interest
25 (2) Accept remuneration only from his employer. 2 & 3a Conflict of interest
26 Reputation etc. of a Registered Engineer not to be 3a Fair consideration
injured. of his peers.
27 Canvassing and advertising prohibited. 3a Modesty
28 Registered Engineer not to practice with any person 3a standing of
whose registration has been cancelled. profession
29 Restrictions on making payments or placing contracts. 2 & 3a Conflict of interest
31 A registered Engineer not to intervene or to take over 3a Fair consideration of
the work of another. his peers.
32 Restrictions on being a director, member or shareholder 2 & 3a Fiduciary interest &
of contracting and manufacturing company etc. Conflict of interest

33 Disclosure of interest. 2 & 3a Conflict of interest

Note : 1= Public Interest; 2 = Fiduciary Interest; 3 = Code of Conduct; 4 = Expert Knowledge
22 Responsibility to Society/Public

‘CIVIL LAW’ AND TORTS

Common Law Countries

Civil Law Public Law

Body of law dealing with Body of law dealing with action
disputes between individuals or taken by the state against
organisations) individuals.
Compensations may be awarded Action is deterrence and
to victim of civil wrong. retribution (to pay back).
E.g. Civil Law, Contract Law E.g. Criminal law. Statutory law
23 Responsibility to Society/Public

‘CIVIL LAW’ AND TORTS

TORTS \’tort’\ a wrongful act other than a breach of contract

for which relief may be obtained in the form of damages or an
injunction.

TORTIOUS \’tor sheas’\ adjective, implying or involving torts.

TORTFEASOR \’tor fesers’\ noun, a person who commits a

tortious act.
24 Responsibility to Society/Public

‘CIVIL LAW’ AND TORTS

Torts

Negligence Torts Intentional Torts

Accidents Nuisance

Product Liability Trespass

Duty of Care Defamation

Professionals are False Imprisonment

concerned with
negligence torts
25 Responsibility to Society/Public

‘CIVIL LAW’ AND TORTS

“Rules of Equity’ (or doctrine of equity) is a set of legal principles in English law
parallel to English common law, acts as a supplement to strict rules prescribed by
laws so as to achieve principles of ‘natural justice’. Whereas remedy in Civil Law may
provide award for damages (frequently monetary), relief under equity include
injunctions or writs e.g. injunction directing a person to act or to refrain from acting
etc., writ of habeas corpus etc.

In law decisions are made with reference to strict rules of legal doctrines or statutes.
However in Equity, which its emphasis on fairness and ‘natural justice’, decisions are
based on general guides which in English law are the ‘rules of equity’.
26 Responsibility to Society/Public

‘CIVIL LAW’ AND TORTS

In commonwealth justice
system, rulings on civil suits
are based on the twin body of
1. Common Law
2. Rules of Equity

Civil Action

Common Law Rules of Equity

Body of precedents. Rules developed by the king’s
court (the chancery court).
Relief are award for damages.
Supplement common law.
Relief are injunctions, writs.
27 Responsibility to Society/Public

Professional Responsibility & Duty of Care

1 Professionalism requires the Engineer to place ‘public

interest’ and his ‘client’s interest above his own.
2 Action may be taken by the public suffering damages
against any tortfeasor causing such damage.
3 In negligence tort, the professional engineer owes a duty
of care to the public and his client.
28 Responsibility to Society/Public

DUTY OF CARE
The Bolam Test has since pass
THE BOLAM TEST into the body of Malaysian Law.

Bolam v Friern Hospital Management Committee, U.K. [ 1957 ]

“He (the hospital) is not guilty of negligence, if he has acted in
accordance with a practice accepted as proper by a responsible body of
medical men skilled in that particular art.”
The standard ‘duty of care’ required of a professional engineer is
sufficient by exercising the ordinary skill of an ordinary engineer
exercising their particular art.

Highland Tower Ruling, K.L. High Court, Aug 2000:

the learned judge ruled that “... the unqualified architect who undertook the
works would be judged on the standard of a reasonably qualified architect ...”

Thus even an unregistered engineer who practices engineering will be liable

under Civil Law!
29 Responsibility to Society/Public

DUTY OF CARE
Dr Abdul Hamid Rashid v Jurusan Malaysian Consultants [1997] 3 MLJ 546
the court held that there was an implied term in the agreement that the fourth
defendant, by publicly proclaiming himself as a consulting civil engineer to
the general public, was expected to take reasonable care and skill in the
performance of his craft.

Steven Phoa Cheng Loon v Highland Properties Sdn Bhd & Ors [2000] 4 CLJ 508,
the condition of the land on which the building is to be built as well as those
in the vicinity must be considered and evaluated, particularly if it has potential
to adversely affect the building that is being planned.

A Professional Engineer is liable even in the absence of a written

contract or appointment.
The vicinity of the site must be considered (even if outside the
battery limit of contract).
30 Responsibility to Society/Public

DUTY OF CARE - CONCLUSION

PROFESSIONAL ENGINEERS SUBMITTING PLANS
1 Engineers are required to be proficient in engineering practice,
standards, code of practice and regulations (Bolam Test).
2 Skills considered ‘expert level’ in yesteryears will become “normal
practice” in present times. This requires engineers to have CPD in order
to stay current in his practice (Bolam Test).
3 Even non-registered engineers who practice engineering will be subject
to Torts (tort laws).
4 Once professional service(s) is rendered, an engineer is liable even in the
absence of a written contract or appointment (contract law).